An arbitration clause contained in the articles of association of a cooperative society, which provides for the submission to arbitrators of disputes arising from the membership relationship, also encompasses negative...
An arbitral award rendered by an arbitral tribunal must be signed by all arbitrators comprising the tribunal, as the absence of such signature constitutes a formal defect that compromises both...
In corporate arbitration, where the parties confer the power to appoint arbitrators upon the President of the Court, the relationship between the ordinary division and the specialised commercial division of...
The challenge of an arbitral award is subject to restricted review and does not permit examination of the merits of the facts established by the arbitrators, given that the supervising...
In matters concerning the relationship between arbitrator and ordinary judge, following the ruling of partial unconstitutionality of article 819-ter of the Code of Civil Procedure, the principle of *translatio iudicii*...
Article 808-ter of the Code of Civil Procedure, which governs the grounds for challenging contractual arbitration awards (arbitrato irrituale), applies exclusively to arbitration agreements entered into after the entry into...
Even where arbitration proceedings are pending, the state court retains jurisdiction to appoint a protector (curatore speciale) to a party whose representative is in a position of conflict of interest.
Article 830, paragraph 4, of the Code of Civil Procedure does not rigidly define the prerequisites for suspension of the executory effect of a challenged arbitral award, merely requiring the...
The objection of lack of jurisdiction on grounds of arbitration constitutes a preliminary issue which must be examined as a matter of priority over cessation of the subject matter of...
An arbitration clause does not preclude the ordinary court from issuing a payment order (decreto ingiuntivo), since the lack of ordinary jurisdiction relates to the adjudication of disputes that presuppose...
A non-final arbitral award that merely rejects preliminary or procedural objections without partially deciding the merits of the dispute is not immediately subject to challenge under Article 827, paragraph 3,...
The assignee of a claim arising from a contract containing an arbitration clause does not acquire title to the distinct and autonomous arbitration agreement and cannot invoke said clause against...